HomeMy WebLinkAboutNCG050373_Name-Owner Change Supporting Info_11/11/2019ASSIGNMENT AND TRANSFER
By Pactiv LLC as Assignor
To Reynolds Consumer Products LLC, as Assignee
THIS ASSIGNMENT AND TRANSFER made and dated this lst day of November, 2019 by
Pactiv LLC, a Delaware limited liability company, with its principal offices located at 1900 West
Field Court, Lake Forest, IL 60045 as Assignor (the "Assignor"), and
Reynolds Consumer Products LLC, a Delaware limited liability company, with its principal
offices located at 1900 West Field Court as Assignee (the "Assignee").
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A. WHEREAS, Assignor desires to assign and transfer to Assignee its entire right, title and
interest and all of its obligations and duties under that certain Amended and Restated
Industrial Lease Agreement dated July 26, 2016, as amended by Lease Amendment dated
January 9, 2017 (as amended, the "Lease") between Prairie Brookwood LLC as Landlord
("Landlord"), and Assignor, as Tenant, for the land and building identified in the Lease
and known as 14201 Meacham Farm Drive, Huntersville, North Carolina (the
"Premises"); and
B. WHEREAS, Assignee agrees to assume all right, title and interest of Assignor and all of
Assignor's duties and obligations under the Lease on the terms and conditions set forth
herein; and
C. WHEREAS, all capitalized terms used herein and not otherwise defined shall have the
meaning ascribed thereto in the Lease;
NOW, THEREFORE, for and in consideration of TEN ($10.00) DOLLARS, and other
good and valuable consideration in hand paid, Assignor and Assignee agree as follows:
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1. Assignment. Assignor hereby absolutely and unconditionally assigns to Assignee, and
Assignee unconditionally accepts by assignment from Assignor, effective as of
November 1, 2019 (the "Effective Date"), all of Assignee's right title and interest and
duties and obligations under the Lease.
2. Assumption. From and after the Effective Date, Assignee hereby absolutely and
unconditionally assumes all of Assignor's debts and obligations, whether fixed or
contingent, liquidated or unliquidated, or for payment or performance, thereafter existing
or arising under or in connection with the Premises and the Lease, and Assignee will be
deemed obligated and bound for payment and performance under the Lease as if
Assignee were the signatory thereto.
3. Notice to Landlord and Landlord's Mortgagee, Promptly after executing this
Assignment and Transfer Agreement, Assignor and Assignee will each take such action
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and execute or deliver, or cause to be executed or delivered, such undertakings,
statements, certificates, opinions, representations or other documents as may be required
or otherwise necessary or desirable to notify the Landlord and the Landlord's mortgagee
of the assignment and assumption of the Lease and to effect and implement the Transfer
on the Effective Date.
8. Other. This Assignment and Transfer is deemed made, and will be construed, under the
Iaws of the State of North Carolina, and will be binding on the parties hereto and their
successors and assigns.
CounteEparts. This Assignment and Transfer may be executed in counterparts each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
[Signature Page Immediately Follows]
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MADE AND DATED ON DATE FIRST ABOVE WRITTEN.
PACTIV LLC
By:
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(Print dame) -TOON MC-60N
(Title) Authorized Representative
ATTEST•
1 .Sec tary
j d c-ov,14
[the Assignor]
STATE OF ILLINOIS
COUNTY OF LAKE
ACKNOWLEDGMENT
f The foregoing Assignment and1riT,�rfer s acknowledged befor me this U day of
1u(nhQly ,t.t�/ , 2019, b,�T�h r Y iC [�� , as
Pactiv LLC, a Delaware limited liability company.
My Commission Expires
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Notary Public
TERESE M EKLUND
Official Seal
Notary Public - State of Illinois
My Commission Expires May 27, 2023
(4530045:5)
REYNOLDS CONSUMER PRODUCTS LLC
AT T:
Secretary
[the Assignee]
STATE OF ILLINOIS
COUNTY OF LAKE
G�41Lf1Q 00"T14, 1
The foregoing Assignment and Trans r was acknowledged b fore me this 0 day of
&jaW v -� , 2019, by �� c.e � i� , as M
Reynolds Consumer Products LLC, a Delaware limited liability company.
U�
Notary Public
My Commission Expires: ai 6Z
ETERESE M EKLUND
Official Seal
Notary Public - State of Illinois
My Commission Expires May 27, 2023
{4530045:5)